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Findings of the <br />Colorado Division of Minerals and Geology <br />for the <br />West Elk Mine <br />Explanation of Findings <br />Pursuant to Rule 2.07.6(2) of the Regulations of the Colorado Mined Land Reclamation Board <br />for Coal Mining, and the approved state program, the Division of Minerals and Geology or the <br />Board must make specific written findings prior to issuance of a permit, permit renewal or permit <br />revision. These findings are based on information made available to the Division that <br />demonstrates that the applicant will be able to operate in compliance with the Colorado Surface <br />Coal Mining Reclamation Act and the Regulations promulgated pursuant to the Act. <br />The findings in the following sections required by Rule 2.07.6(2) are listed in accordance with <br />that Rule. The findings and specific approvals required pursuant to Rule 2.07.6(2)(m) are listed <br />in accordance with Rule 4 and are organized under subject or discipline subtitles. <br />This findings document is updated upon permit renewal, which occurs every five years for most <br />mines, and upon approval of a permit revision. This is the findings document for Permit <br />Revision No. 10. The following findings were reevaluated and updated, if necessary, to reflect <br />changes which have occurred as a result of this permit revision. <br />Section A <br />Findings Required by Rule 2.07.6(21. <br />The permit application is accurate and complete. All requirements of the Act and these <br />rules have been complied with [2.07.6(2)(a)]. <br />2. Based on information contained in the permit document and other information available <br />to the Division, the Division finds that surface coal mining and reclamation can be <br />feasibly accomplished at the West Elk Mine [2.07.6(2)(b)]. <br />The assessment of the probable cumulative impacts of all anticipated coal mining in the <br />general area on the hydrologic balance, as described in 2.OS.6(3), has been made by the <br />Division. This assessment, entitled "Cumulative Hydrologic Impact Study -North Fork <br />of the Gunnison River," is available for inspection at the offices of the Division. The <br />Division finds that the operations proposed under the application have been designed to <br />prevent damage to the hydrologic balance outside the proposed permit area [2.07.6(2)(c)]. <br />4. The Division finds that the permit area is, subject to valid rights existing as of August 3, <br />1977, not within: <br />a) An area designated unsuitable for surface coal mining operations [2.07.6(2)(d)(i)]; <br />39 <br />